SB3024 EnrolledLRB100 18594 LNS 33818 b

1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 12-610.2 as follows:
6    (625 ILCS 5/12-610.2)
7    Sec. 12-610.2. Electronic communication devices.
8    (a) As used in this Section:
9    "Electronic communication device" means an electronic
10device, including but not limited to a hand-held wireless
11telephone, hand-held personal digital assistant, or a portable
12or mobile computer, but does not include a global positioning
13system or navigation system or a device that is physically or
14electronically integrated into the motor vehicle.
15    (b) A person may not operate a motor vehicle on a roadway
16while using an electronic communication device.
17    (b-5) A person commits aggravated use of an electronic
18communication device when he or she violates subsection (b) and
19in committing the violation he or she was involved in a motor
20vehicle accident that results in great bodily harm, permanent
21disability, disfigurement, or death to another and the
22violation was a proximate cause of the injury or death.
23    (c) A second or subsequent violation of this Section is an



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1offense against traffic regulations governing the movement of
2vehicles. A person who violates this Section shall be fined a
3maximum of $75 for a first offense, $100 for a second offense,
4$125 for a third offense, and $150 for a fourth or subsequent
6    (d) This Section does not apply to:
7        (1) a law enforcement officer or operator of an
8    emergency vehicle while performing his or her official
9    duties;
10        (1.5) a first responder, including volunteer first
11    responders, while operating his or her own personal motor
12    vehicle using an electronic communication device for the
13    sole purpose of receiving information about an emergency
14    situation while en route to performing his or her official
15    duties;
16        (2) a driver using an electronic communication device
17    for the sole purpose of reporting an emergency situation
18    and continued communication with emergency personnel
19    during the emergency situation;
20        (3) a driver using an electronic communication device
21    in hands-free or voice-operated mode, which may include the
22    use of a headset;
23        (4) a driver of a commercial motor vehicle reading a
24    message displayed on a permanently installed communication
25    device designed for a commercial motor vehicle with a
26    screen that does not exceed 10 inches tall by 10 inches



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1    wide in size;
2        (5) a driver using an electronic communication device
3    while parked on the shoulder of a roadway;
4        (6) a driver using an electronic communication device
5    when the vehicle is stopped due to normal traffic being
6    obstructed and the driver has the motor vehicle
7    transmission in neutral or park;
8        (7) a driver using two-way or citizens band radio
9    services;
10        (8) a driver using two-way mobile radio transmitters or
11    receivers for licensees of the Federal Communications
12    Commission in the amateur radio service;
13        (9) a driver using an electronic communication device
14    by pressing a single button to initiate or terminate a
15    voice communication; or
16        (10) a driver using an electronic communication device
17    capable of performing multiple functions, other than a
18    hand-held wireless telephone or hand-held personal digital
19    assistant (for example, a fleet management system,
20    dispatching device, citizens band radio, or music player)
21    for a purpose that is not otherwise prohibited by this
22    Section.
23    (e) A person convicted of violating subsection (b-5)
24commits a Class A misdemeanor if the violation resulted in
25great bodily harm, permanent disability, or disfigurement to
26another. A person convicted of violating subsection (b-5)



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1commits a Class 4 felony if the violation resulted in the death
2of another person.
3(Source: P.A. 97-828, eff. 7-20-12; 98-506, eff. 1-1-14;
498-507, eff. 1-1-14; 98-756, eff. 7-16-14.)
5    Section 99. Effective date. This Act takes effect upon
6becoming law.